Intellectual Freedom and Access to Information in the Digital Age

"Intellectual Freedom is the right of every individual to both seek and receive information from all points of view without restriction." (ALA) Assumes access to information

In the past decade, a combination of technology and law has combined to limit access to information in the U.S. Observation:

Question: What responses have these changes inspired, and what effect will those responses have on access to information and to the practice of intellectual freedom in the U.S.?

Discussion Outline frantically-paced background overview examples of new types of access limitations that have arisen since 1997 examples of responses to new access limitations scholars general public frantically-paced background overview examples of new types of access limitations that have arisen since 1997 examples of responses to new access limitations scholars general public

Copyright confers upon the owner a specific set of rights right to reproduce - to make copies right to distribute the work right to perform the work in public right to make derivative works right to reproduce - to make copies right to distribute the work right to perform the work in public right to make derivative works

Balance of rights for users: fair use and first sale fair use provides for exceptions which are beyond the control of the copyright holder first sale doctrine makes libraries, gifts, and rental stores possible fair use provides for exceptions which are beyond the control of the copyright holder first sale doctrine makes libraries, gifts, and rental stores possible

Changes in Law period of time copyright is in force - Sonny Bono Copyright Extension Act of 1997 expansion of types of information covered - e.g., proposal to cover database contents deletion of the need to affirmatively claim copyright - effect on use because of inability to find owner period of time copyright is in force - Sonny Bono Copyright Extension Act of 1997 expansion of types of information covered - e.g., proposal to cover database contents deletion of the need to affirmatively claim copyright - effect on use because of inability to find owner

Changes in Technology digital changes everything with copy protection and licensing technologies, control over the use of a legally acquired work falls largely to the owner digital changes everything with copy protection and licensing technologies, control over the use of a legally acquired work falls largely to the owner

Confluence of law and technology Digital Millennium Copyright Act (1998)

Technology supported by law limits information access fair use becomes matter of owner's technological choice rather than of law first sale doctrine becomes irrelevant given license control Result: balance of rights tilts in favor of owners fair use becomes matter of owner's technological choice rather than of law first sale doctrine becomes irrelevant given license control Result: balance of rights tilts in favor of owners

New Problems, e.g., Access to Scholarly Materials

Access Limitations: Cost

Access Limitations: Technology digital subscriptions - printed copies increasingly not available once subscription lapses, no access even to issues published during subscription period digital subscriptions - printed copies increasingly not available once subscription lapses, no access even to issues published during subscription period

Responses

Legal Judicial: -Eldred v Ashcroft - Kahle v. Ashcroft Legislative - PDEA, etc. Judicial: -Eldred v Ashcroft - Kahle v. Ashcroft Legislative - PDEA, etc.

Creative New scholarly publication models, e.g., SPARC® Budapest Open Access Initiative Public Library of Science BioMed Central (UK) Directory of Open Access Journals over 800 journals listed New scholarly publication models, e.g., SPARC® Budapest Open Access Initiative Public Library of Science BioMed Central (UK) Directory of Open Access Journals over 800 journals listed

Creative popular extra-legal solution: ignore the law if it is too onerous file sharing not simply an economic decision - also a control decision iTunes, European download services as examples of legal downloading popular extra-legal solution: ignore the law if it is too onerous file sharing not simply an economic decision - also a control decision iTunes, European download services as examples of legal downloading

Creative popular legal solution: use the letter of the law to change its spirit Creative Commons uses copyright to selectively grant or withhold specific rights creators keep some rights, grant others donate work to the public domain (since 1992, must affirmatively do so) Founder's Copyright: 14 years, then public domain popular legal solution: use the letter of the law to change its spirit Creative Commons uses copyright to selectively grant or withhold specific rights creators keep some rights, grant others donate work to the public domain (since 1992, must affirmatively do so) Founder's Copyright: 14 years, then public domain

Creative Organized access to public domain or "commons licensed" resources ibiblio scientific sources, e.g., BioMed Central new initiatives underway in specific areas e.g., Public Commons of Geographic Data MIT's Open Courseware initiative search engine initiatives, e.g., Google and 17 major universities Organized access to public domain or "commons licensed" resources ibiblio scientific sources, e.g., BioMed Central new initiatives underway in specific areas e.g., Public Commons of Geographic Data MIT's Open Courseware initiative search engine initiatives, e.g., Google and 17 major universities

Summary law and technology have combined to tip balance of traditional rights between owners and users since 1997 legal remedies to restore balance do not seem likely in the present political climate people are therefore taking copyright and re-designing it into "copyleft" to suit their own purposes law and technology have combined to tip balance of traditional rights between owners and users since 1997 legal remedies to restore balance do not seem likely in the present political climate people are therefore taking copyright and re-designing it into "copyleft" to suit their own purposes

Challenges scholarly works: credibility and incentives popular: create business models that will both broaden access and "Promote the Progress of Science and Useful Arts” - i.e. need to provide financial incentives international agreements are an increasing challenge - Berne Convention, WIPO, etc. scholarly works: credibility and incentives popular: create business models that will both broaden access and "Promote the Progress of Science and Useful Arts” - i.e. need to provide financial incentives international agreements are an increasing challenge - Berne Convention, WIPO, etc.

Conclusion: responses are both legal and creative: creative thus far more promising commons inspired "copyleft" approaches are becoming an important force in enabling access to scholarly and creative works; and these approaches will contribute to the effective practice of intellectual freedom in this country going forward responses are both legal and creative: creative thus far more promising commons inspired "copyleft" approaches are becoming an important force in enabling access to scholarly and creative works; and these approaches will contribute to the effective practice of intellectual freedom in this country going forward

"This song is Copyrighted in U.S., under Seal of Copyright # , for a period of 28 years, and anybody caught singin it without our permission, will be mighty good friends of ourn, cause we don't give a dern. Publish it. Write it. Sing it. Swing to it. Yodel it. We wrote it, that's all we wanted to do.” Woody Guthrie